Month: January 2016

David Brooks’ Dirty Hit On Ted Cruz: How Pundits Lose Credibility

/ Jack Marshall / 36 Comments
That's some role model you've chosen there, David

That’s some role model you’ve chosen there, David

…or at least deserve to.

Here is how New York Times columnist David Brooks begins his character evisceration of Ted Cruz:

“In 1997, Michael Wayne Haley was arrested after stealing a calculator from Walmart. This was a crime that merited a maximum two-year prison term. But prosecutors incorrectly applied a habitual offender law. Neither the judge nor the defense lawyer caught the error and Haley was sentenced to 16 years.

Eventually, the mistake came to light and Haley tried to fix it. Ted Cruz was solicitor general of Texas at the time. Instead of just letting Haley go for time served, Cruz took the case to the Supreme Court to keep Haley in prison for the full 16 years.

Some justices were skeptical. “Is there some rule that you can’t confess error in your state?” Justice Anthony Kennedy asked. The court system did finally let Haley out of prison, after six years.”

From this, Brooks goes on to conclude…

…Cruz’s behavior in the Haley case is almost the dictionary definition of pharisaism: an overzealous application of the letter of the law in a way that violates the spirit of the law, as well as fairness and mercy….Cruz’s speeches are marked by what you might call pagan brutalism. There is not a hint of compassion, gentleness and mercy. Instead, his speeches are marked by a long list of enemies, and vows to crush, shred, destroy, bomb them.

Cruz’s behavior in the Haley case [Dretke v. Haley] does nothing of the sort. The columnist intentionally—I’m assuming that he read the case, now—misrepresented what the case was about, how the court reacted, and what Cruz’s ethical duties were regarding it. As it happens, I share much of Brooks’ dislike of Cruz’s rhetoric. This case, however, tells us nothing about Cruz’s character. It tells us that that as Solicitor General of Texas, Cruz did his job, which was to represent his client’s position.

James Taranto, the pretty damn brilliant Wall Street Journal blogger, wit and conservative pundit, nails Brooks to the wall. He writes in part… Continue reading →

Ethics Perspective: All Leaders Do Awful Things, And Many Are Awful People: All We Can Do Is Identify Leaders Who We Can Trust To Try Be Ethical, While Having The Ability To Lead

/ Jack Marshall / 26 Comments

Roosevelts

Case Study I: Theodore Roosevelt.

Teddy’s easily my favorite President, both as a personality, a leader, and a human being. Almost all of his flaws, and he had plenty—the excessive animal-killing, the imperialism, the love of war, his sexism and intrinsic belief in white supremacy—are directly attributable to his times and class. He learned, because he was brilliant and intellectually curious. Like George Washington, TR was capable of evolving. He wanted to do good, and like all of us, was on a lifetime journey to find out what good was. Like most leaders who are capable of leading, he thought he had a pretty good idea of what was right, and one that was better than those of almost everyone else.

In at least one instance, however, Roosevelt personality and leadership style led to a terrible injustice.

On August 13, 1906, there was a race-related fight in Brownsville,Texas. It got out of control, turned into a full-scale riot, and one white police officer was wounded while another man, a bartender, was killed. The town blamed the black soldiers of the 25th Infantry stationed at nearby Fort Brown; tensions between the soldiers and the all-white town had been growing since the blacks arrived.  The town produced spent shells from army rifles as evidence of the soldiers’ guilt, and investigators accepted them as incriminating, though they probably were planted.

All the soldiers protested that they were innocent. Their white officers backed up their claims that the soldiers had been in their barracks at the time of the melee.  No military trial was ever held, but a Texas court cleared the black soldiers of wrongdoing. Nevertheless, President Roosevelt discharged  the entire regiment without honor anyway: 167 men, but only the blacks; the white officers were not disciplined.  The alleged cause for the harsh punishment was that the blacks had engaged in a “conspiracy of silence” to protect the guilty member of their regiment. Some of the men dismissed had over twenty years of  honorable service; one had fought alongside Roosevelt during the Spanish American War. Many were only a short time away from retirement and vested  pensions. The 168 lost their careers, reputations, and retirement income. Continue reading →

Your ATM Just Lied To Me. Not Cool, Wells Fargo

/ Jack Marshall / 64 Comments
Liar, Liar...Ok, you have no pants, but your tongue...no, wait,,,

Liar, Liar…Ok, you have no pants, but your tongue…no, wait…

I really mean lied, as in “deliberately communicated a falsehood in order to deceive.” There’s no excuse for it.This morning I had the pleasure of depositing a rather large check in my account, exactly the way I have been depositing smaller checks on a regular basis at the same ATM at the same branch office of the various iterations of what is now Wells Fargo. This was an institutional check, from another financial institution, so it was printed, boldly, and the amount was not scrawled, as with many personal checks I have occasion to deposit using the “no envelope” method we now have avaliable thanks to the wonders of modern technology.

Nonetheless, the machine this morning had the cheek to post a window and message I had never seen before, telling me that the machine “could not read the check amount” and asking me to enter it on the keypad, rather than just confirm the deposit.

What’s going on here?

Wells Fargo is lying, that’s what. The amount on the check, which I usually can barely make out from the small scanned image on the screen, was so dark and clear that I could read it easily from three feet away. If I could read it, the machine that made the image definitely could read it. No, this was a new security feature, like the time over Christmas that holds were placed on four of my credit cards while I was standing at a check-out register because my Christmas shopping bill was “unusual” according to some geniuses’ software programs. What that false message from the ATM really meant was, “Hold it there, a minute, buster. You don’t get checks this big; we think you’re a crook. So we’re going to rattle you with this pointless, annoying request, even though a crook is just as capable of entering the amount as a legitimate depositor.” Continue reading →

Is There An Ethical Obligation Not To Allow Idiots To Have Decision-Making Power In State Governments? The Case Of Flipper’s Privacy…

/ Jack Marshall / 46 Comments

dolphins

A dolphin died in New Jersey’s South River last year, so a blogger sought to discover what killed it. She duly filed a public record request to the NJ Department of Agriculture for the results of the dolphin’s autopsy.The Department turned down her request, on the grounds that it violated the amended Public Records Act, which includes an exception for HIPAA information, including diagnosis and autopsies:

Dolphin privacydolphin privacy 2That’s right: New Jersey wants to protect the dolphin’s privacy. No, there is no dolphin autopsy exception to New Jersey’s law, and no cetacean privacy inclusion in HIPAA. On the off-chance that it isn’t obvious, Louis Bruni is an idiot.

This should be funny, I guess, but my patience with fools and dolts making life more difficult, expensive, inefficient and frustrating has about run out. My rapidly developing theory on crazy people starting to shoot other, thus-far less crazy people is that constant contact with the Louis Brunis of the world drive them to it, when combined with hopelessly bewildering technology and outrageously complicated rules, laws, regulations and procedures and the brazen dishonesty and corruption of so many of the “public servants” who are pledged to care about our welfare.

One day a delicate soul, their sanity on the ragged edge, makes a simple request, not even in an important matter, and are foiled by someone who thinks Dead Flipper has privacy rights, and who nonetheless has his salary paid by taxpayers. Out of the millions and millions of Americans who cope with this crap every day, day after day, an infinitesimal percentage of the public can’t handle that one extra insult to logic and common sense. and snaps like a dry twig in the wind. Like Sweeney Todd, their now damaged mind concludes that there are two groups of human beings, those who make everyone else miserable because they are evil, stupid, or both, and those who are the first group’s helpless victims. “Kill them all!” the now deranged victims of our Brunis conclude: killing the miscreants is just, and killing their suffering victims is merciful.

And off they go.

Now imagine layer and layer of Brunis, up and down all levels of government, sometimes reaching executive levels with access to real power. You know, like Joe Biden. John Kerry. Michele Bachmann. No, don’t. We have enough crazy people all ready.

Here…this will calm you:

UPDATE: Here we discover that Mr. Bruni previously was fined for lying about attending….required ethics classes! [Pointer: Phil Alperson]

_________________________

Pointer: Fred, one of his best.

 

Ethical Quote Of The Week: Washington Post Columnist Ruth Marcus

/ Jack Marshall / 13 Comments

Frank Costanza

“So when you hear arguments over whether Cruz can be president, don’t worry about the senator from Texas. Think instead about the little girl adopted from China, learning about civics in her second-grade classroom and being told that she can never become president of the only country she has known.”

—-Washington Post editor and op-ed pundit Ruth Marcus, concluding a column titled, “Abolish the ‘natural born citizen’ test”

I love this quote, in no small part because it provides a neat exception to the general rule that an advocate using “Think of the Children!” as an argument is usually as sign that the advocate doesn’t want us to think at all. In this case, however, it is appropriate to think of that Chinese orphan, or my Russia-born son (rather than, say, George Costanza’s Italian born father on “Seinfeld,” who ignored politics on the grounds that he felt unfairly prohibited from running for President, shouting, “They don’t want me, I don’t want them!”), as well as figures like Arnold Schwarzenegger. The requirement for Presidents to be not just citizens in good standing, but “natural born” citizens, is the epitome of a Constitutional provision that once made sense but now does not. Marcus: Continue reading →

Bill Clinton’s Predator Past Rises Again To Haunt Hillary: Fair?

/ Jack Marshall / 11 Comments

hand rising

It is more than fair, actually. This is what George Will calls “condign justice.” It is so appropriate, ironic and long deserved  that all fair-minded Americans should run into the street shouting “Calloo! Callay!”

Well, metaphorically at least.

The fact that Bill Clinton smugly ducked impeachment while damaging the law, the culture, his office and his party in the process (just ask President Gore) and was allowed to slip easily into the role of beloved elder statesman and obscenely compensated celebrity speaker was enough to make one question the existence of cosmic justice. The fact that his wife was allowed to undermine the cases of his various victims and then achieve high elected office wearing the mantle of feminist champion was, if possible, worse, a catalyst for cynicism and despair.

I know of what I speak.

But as American jurist John Bannister Gibson (1780-1853) observed, “Millstones of Justice turn exceedingly slow, but grind exceedingly fine.” Both Bill and Hillary got careless and smug as time went on, as the culture evolved around them, not entirely in healthy ways, but definitely dangerous ways for them. Thanks to the Obama Administration’s weaponizing of sexual discrimination, bias and assault for partisan combat, feminists adopted an extreme and dangerous approach to sexual assault, taking the position that all women who accuse a man of rape or assault must begin with the presumption of credibility, in direct contradiction of long-held, core principles of American justice, which hold that the presumption of innocence rests with the accused, and an alleged victim must still prove her case. The Democratic Party, which back in Bill’s day shrugged off Clinton’s conduct with rationalizations like “Everybody does it” and fictions like “Illicit sexual activity by the President in his office with an employee that he subsequently lies about under oath and uses his power as President to evade responsibility for is personal conduct” (Bernie Sanders, who is old and didn’t get the memo, just repeated this canard: Try to keep up, Bernie!), embraced the feminist position with foolish and undemocratic gusto, and suddenly Hillary Clinton was saying, as if the history of her husband didn’t exist, that all victims of sexual abuse had the right to be believed. She said this, and then sent Bill out on the road to support her. Continue reading →

Ethics Dunce (From The Shark-Jumping Files): The National Organization For Women

/ Jack Marshall / 6 Comments
Fomzi, Homer, The National Organization for Women...

Fomzi, Homer, The National Organization for Women…

It would be good for the nation and national discourse on gender-related matters if there existed a national organization, operated with integrity, intelligence and dignity, that addressed legitimate issues of women’s rights with the zeal of an advocate as well as professionalism and common sense. There was a time, so long ago now that I can’t even recall exactly when it was, that the National Organization for Women appeared capable of evolving into just such an organization. As this incident shows beyond a shadow of a doubt, that chance has passed. NOW has descended into permanent knee-jerk hackery, the realm where its neighbors are such predictable and rightly-maligned one-note fanatics as PETA, the NRA, NARAL, and Media Matters. What a shame. What a lost opportunity to do good.

When the Worst of Ethics 2015 is finally published here (It’s coming! I swear!), the “Rolling Stone” fiasco featuring the fantasy rape accusation of “Jackie” against a University of Virginia fraternity will take one of the “honors,” and maybe more. From that collision of campus sexual assault hysteria and incompetent journalism came real harm, and several of the victims are suing the publication for defamation. One such victim is a University of Virginia associate dean named Nicole Eramo, who is alleging in her lawsuit that the magazine falsely portrayed her as negligently unconcerned with allegations of sexual assault on campus and as the now totally discredited fraternity gang rape tale’s villain.

Counsel for Eramo has asked that a court require “Jackie” to turn over any communications ,related to the alleged assault, between Jackie and  the magazine, friends, family and a campus support organization. Now NOW has presumed to interfere, and is trying to derail the lawsuit. In an open letter published this week, NOW president Terry O’Neill called on UVA president Teresa Sullivan to get Eramo to drop the suit. (She cannot force her to do that, however, and it would be unethical for Sullivan to try.) Continue reading →

In Washington State, Not “Over-Incarceration,” Just Incompetent And Cruel Incarceration

/ Jack Marshall / 11 Comments

African American in Prison

Since 2002, the Washington State Department of Corrections (DOC) has allowed a sentencing-calculation glitch in its computers to allow more than 3000 inmates to walk out of prison before their sentences were complete. Now the state is rounding-up  ex-prisoners, in many cases after they have built back their lives, settled down, found jobs, and done all of the things, difficult things, former felons are supposed to do once they have paid their debts to society.

Last month, Governor Jay Inslee and DOC Secretary Dan Pacholke  revealed that incorrectly programmed computer software  had been  miscalculating release dates Washington convicts sentenced to extra prison for violence related to their crimes. Although DOC employees have been aware of the problem since 2012,an assistant attorney general advised against an urgent review, allowing the error, and the early releases, to continue for three more years as a software fix was delayed repeatedly. (Yes, there is an investigation.) Finally, a fix is supposedly in the works.

None of this was the fault of the prisoners who were released early, but they are the ones being made to suffer for it. Most of those who have been out for long periods are being left alone, according to the standards for review, but for those deemed to need additional prison time, the trauma is significant. The Seattle Times interviewed Miranda Fontenot, whose fiancé, James Louis, was taken into custody last week when he checked in with his community corrections officer. Continue reading →

The Unethical Web-Shaming Destruction Of Holly Jones

/ Jack Marshall / 14 Comments

kilroysFB.0

“I will never go back to this location for New Year’s Eve!!!” young Holly Jones ranted on an Indianapolis bar and restaurant’s Facebook page. “After the way we were treated when we spent $700+ and having our meal ruined by watching a dead person being wheeled out from an overdose my night has been ruined!” The angry post accused the evening’s restaurant manager of rudeness, the party’s waitress of profanity and the establishment itself of inattention.

After a sharp on-line rebuttal by the restaurant, the Web Furies were unleashed. Jones’ post became the latest web-shaming catalyst and an invitation to join a cyber-mob where fun could be had by all turning an ordinary jerk into a national villain. Lots of people signed up. The mob tracked down Jones and bombarded her own Facebook page with hate—she took the page down—then moved on to the salon where she worked as a hairdresser, threatening a boycott unless it fired Jones.

So it did.

These exercises in vicious web shaming can be ranked along an ethics spectrum. At the most unethical end is the destruction of Justine Sacco, who had her legitimate marketing career destroyed by social media’s  hysterical over-reaction to a self-deprecating, politically incorrect tweet. Now she works promoting a fantasy sports gambling website, a sleazy enterprise that entices chumps into losing serious cash with a business model derived from internet poker—she not only had her life derailed, she was corrupted too.

At the other end is Adam Smith, the one-time executive who wrecked his own career, with the help of another cyber-mob, by proudly posting a video of himself abusing an innocent Chic-fil-A  employee because Smith didn’t like her boss’s objections to gay marriage.  Somewhere between the two is Lindsay Stone, who lost her job by posting a photo showing her pretending–she later said— to scream at the Tomb of the Unknown Soldier while flipping the bird at the “Silence and Respect” sign.

The distance between Smith and Jones is the difference between words and conduct. Smith’s video showed him abusing a young woman, and his posting of the video indicated that he saw nothing wrong with it. Jones, in contrast, did nothing, other than prove herself to be, at least at the moment she posted her rant, an utter jerk. Everyone along the spectrum, however, including Jones, were excessively and unjustly harmed by the web-shaming  campaign against them. Last I checked, Smith was unemployed and destitute three years after his episode of atrocious judgment.

In the current case, the cyber-mob forcing Holly’s employer to fire her is ethically worse, by far, than anything she can reasonably be accused of doing by posting her criticism of the restaurant. Continue reading →

From Missouri: Good Ethics Theory, Dumb Bill

/ Jack Marshall / 18 Comments
Rep. Bart Korman, deep thinker...

Rep. Bart Korman, deep thinker...

A proposed bill, sponsored by Rep. Bart Korman, a Montgomery County Republican in the Missouri legislature, would require lobbyists who have sex with a Missouri lawmaker or a member of a lawmaker’s staff  to disclose it to the Missouri Ethics Commission. The bill defines sex between lobbyists and legislators as a gift, so  sexual relations would have to be included on monthly lobbyist gift disclosure forms.

In theory, the bill is ethically admirable. Lobbyists having sex with legislators is unethical, and vice-versa. It creates a conflict of interest for the legislator, creates an appearance of impropriety, suggests a quid pro quo arrangement, and either is or looks like the equivalent of a bribe. It is grossly unprofessional for both sex partners. It is unethical in every way.

The proposed law, however, is stupid and incompetent beyond belief or justification. It doesn’t even send an important message: everyone already knows that for lobbyists and elected officials to have sex is unethical. Lobbyists and legislators are already professionally obligated to report professional misconduct, by themselves and others. This is the ethical duty of disclosure and transparency. Why would any lobbyist so unethical as to have sex with a legislator he or she was supposed to lobby suddenly decide to abide by a law and disclose it, thus embarrassing his or her paramour? It makes as much sense to pass a law requiring burglars to report their break-ins and thefts, or to require tax cheats to list the money they hid on their last tax returns as income on the next one. Continue reading →